Dawood (Migration)

The Administrative Appeals Tribunal (AAT) considered an appeal by Mr. Dawood against the delegate's decision to refuse him a Subclass 500 (Student) visa. The primary issue was whether Mr. Dawood met the criteria for the visa, specifically the requirement to be enrolled in a registered course of study at the time of the decision.

The Tribunal was required to determine if Mr. Dawood satisfied the criteria for a Subclass 500 (Student) visa, as set out in Schedule 2 of the Migration Regulations 1994. This included assessing whether he was enrolled in a full-time registered course of study, as defined by the Regulations, at the time of the decision. The Tribunal also considered the applicant's response to a request for information under s 359(2) of the Migration Act 1958.

The Tribunal found that Mr. Dawood did not meet the criterion in cl.500.211(a) of the Regulations, which requires the applicant to be enrolled in a course of study at the time of the decision. While he stated he was enrolled in a Diploma of Leadership and Management at Vocational Institute at the time of his application for review, he also indicated in his s 359(2) response that this course was completed in July 2018. As he did not claim to meet any alternative criteria, the Tribunal concluded that he was not enrolled in a registered course of study.

Consequently, the Tribunal affirmed the delegate's decision not to grant Mr. Dawood a Subclass 500 (Student) visa.